Warranty and Liability Musterklauseln

Warranty and Liability. Obvious defects must be reported to IMD AG in wriĠng immediately after receipt of the goods or before the first commissioning by a technician, and in the case of hidden defects immediately after their discovery. The return of goods always requires IMD AG’s prior wriflen consent. With signature of the acceptance report after the first commissioning by a technician, custo- mer approves of the goods and services in the condiĠon as recorded the- rein. For defects occurring before the first commissioning through no fault of customer, customer only has the right of recĠficaĠon or where necessary the right of delivery of replacement parts and their installaĠon, whereby IMD AG bears the cost for the recĠficaĠon and the delivery of replacement parts and the installaĠon thereof. If the recĠficaĠon or the delivery and installaĠon of replacement parts is not possible or fails, customer has the choice to reduce the compensaĠon or, if not only immaterial defects exist, to withdraw from the contract. For defects that occur after the first commissioning of ordered goods and services IMD AG grants customer a limited warranty of two years. The war- ranty is limited to the delivery of replacement parts, whereby customer has to bear the costs of delivery and installaĠon of the replacement parts. The reducĠon of the compensaĠon, the withdrawl from the contract and the rescission of the contract are expressly excluded. The warranty period for replacement parts is limited to six months. Warranty cases do not trigger a new warranty period. Defects or damage caused by improper use are not covered by the warranty. The prescribed safety inspecĠons (hereinafter STK) as well as maintenance on the delivered equipment must be carried out or commissioned at the Ġme intervals specified by IMD AG at the expense of the owner/user. Should the owner/ user not be able to prove to IMD AG upon request that he/she had the STK and maintenance carried out properly, all warranty claims against IMD AG shall lapse. Any further warranty or liability is excluded as far as legally permissible unless IMD AG, its legal representaĠves or fulfilment agents are guilty of gross negligence or intent or IMD AG culpably violates essenĠal contractual obligaĠons. Liability in the event of injury to life, limb or health as well as under the mandatory applicable liability provisions for medical devices and product liability shall remain unaffected.
Warranty and Liability. 6.1. NOVARTIS warrants within the meaning and scope of Section 922 of the Austrian Civil Code (ABGB) that the goods have been produced in accordance with all mandatory applicable Austrian and EU pharmaceutical laws. 6.2. The CUSTOMER shall examine the delivered goods after receipt with regard to completeness, correctness and defectiveness, in particular also in regard to the integrity of the packaging. The CUSTOMER shall object defects immediately, but at the latest within 10 days after receipt of the goods or recognisability of hidden defects in writing with a precise description of the defects. If the CUSTOMER has not notified any defects within this time limit, the delivery shall be deemed to be approved and all claims, e.g. warranty, avoidance on account of mistake or compensation, shall thereby be inapplicable. This also applies in respect of wrong deliveries or deviations in the quantity delivered.
Warranty and Liability. 4.1 Ta2eda Austria will warrant the goods’ fitness Ior a particular purpose or usability only iI Ta2eda Austria has assured such a fitness or usability in writing.
Warranty and Liability. 4.1 Takeda Austria will warrant the goods’ fitness for a particular purpose or usability only if Takeda Austria has assured such a fitness or usability in writing.
Warranty and Liability. 5.1 Should GeneWerk fail to perform the service for which it is responsible in full or as owed, the contracting party may only request damages instead of the performance if he has unsuccessfully set a reasonable deadline for the performance clearly stating that he will refuse to accept the performance after this deadline has expired.
Warranty and Liability. 5.1 We shall furnish no warranty whatsoever for defects caused by improper handling. If the customer or third parties whom we have not authorised make changes to the products, our liability for defects and warranted properties shall not apply, unless the customer proves that the changes did not cause the defects and do not make it extremely difficult to properly rectify the defects.
Warranty and Liability. 6.1 If a defect should become apparent before completion of the works, Arcadis may set an appropriate deadline for the remediation of the defect. Upon expiry of the deadline, Ar- cadis shall be entitled to adjust the remunera- tion due (reduction), rescind the contract (withdrawal) or claim compensation or ex- penses in lieu thereof without fixing any addi- tional deadline for remediation.
Warranty and Liability. 7.1 Manufacturer hereby warrants, for the duration of 24 months starting with the delivery of the Products to Purchaser, that they are free from defects in construction, manufacture and material and that they correspond to specifically assured features.
Warranty and Liability. 7.1 The supplier as a specialist in his field guarantees that the Deliverables are free of defects which could reduce their value or limit their fitness for the intended purpose, and that the Deliverables have the specified properties and comply with the performance and specifications provided for in the contract. Furthermore, the Deliverables shall comply with the international as well as Swiss law and safety regulations such as the directions of the SUVA. The Supplier shall hand out EMCH Elevators Ltd the Product Safety Documents on first demand. To each shipment, he shall establish a safety certificate. If the Deliverables are supposed to comply with specific internal requirements of the EMCH Elevators Ltd, supplier will be informed accordingly in the order.
Warranty and Liability. 7.1 We will provide the software to the customer free of legal and material defects; only significant material defects are consequential.